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shweta (accounts executive)     26 July 2012

Second marriage and legal hier

Hi all am new to this forum my query is

Can a husband claim property rights of self generated assets of a women , who is second wife of  the person . The person married her when his first wife was still alive and abandoned his second wife after few years .

 

Waiting for experts  valuable advise



 3 Replies

Tajobsindia (Senior Partner )     26 July 2012

1. A second marriage during the existence of the first marriage is prohibited by Indian laws first note that.
2. In normal marriage situation (not that of the nature of this query) if a husband can prove his contribution acquiring properties by legally married to a second wife then he can ask money returned for his contribution.
3. However whatever the case is, husband has no legal rights to properties of second wife where the marriage itself is in void situation. Yours is that case in hand.
 

shweta (accounts executive)     26 July 2012

Thanks ,

Can you enumerate the legal procedure by which her self acquired property can  be trasferred to her legal heir , i.e her son . if she has passed away intestate . If her son  initiates the procedure to transfer it,  that will require his fathers signature,  who has abandoned them years back .

Please advice .

Tajobsindia (Senior Partner )     26 July 2012

Appreciate putting a mindbender here and not in Property Law forum J
Above being minor distraction here is the most recent law;


1.
It is based on the Rules set out in S. 16

2. Section 16 (3) of the Hindu Marriage Act as amended, does not impose any restriction on the property right of Illegitimate Child except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral.

 


ref.:
REVANASIDDAPPA & ANOTHER  VERSUS MALLIKARJUN & OTHERS

https://indiankanoon.org/doc/138849/


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